/m/alex_rodriguez

Reader Comments and Retorts

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

If this is true, A-Rod just gave the MLB a huge gift. The MLB was perilously close to losing this one entirely.

First their misguided suit against Biogensis opened the league itself up to a huge discovery risk.

Then they are attempting to buy evidence, which is likely of questionable value. "Did you work at Biogenesis?, "Si, Señor!", "Do you have access to patient records?", "Si, Señor!", "We would like to pay you for copies of those records.", "Of course, what players do you want me to forge, er, get records for, cabrón?"

If they can prove A-Rod did this, the league can probably suspend him for as long as they want. My understanding of the CBA's drug policies is only from what better posters than I have have written here, but I seem to remember policies on association (which so far they haven't been able to use against any MLB players) with known distributers, but also on attempts to cover-up or hide activities.

The New York Times reported Friday that MLB investigators had evidence that Rodriguez bought documents from a Biogenesis employee, but a source close to MLB's investigation said that was not correct.

. . .

Fischer has been one of the most wanted men for some time in the Biogenesis scandal. Numerous former associates of Bosch's say they believe he gave documents to the New Times. After the New Times broke its story in January, a hunt began for Fischer who was described in documents as Biogenesis' marketing director.
. . .
Found at the foot of the door in March, as the dogs could be heard barking aggressively inside, was a business card and handwritten note from an MLB investigator, reading: "Please call -- we know time is $. Call ASAP." Sources said Fischer has met with MLB investigators, but was described as being "not particularly helpful"

I'd have to think more about this, but let's assume arguendo it's true that ARod purchased these documents. In that case the issues as I see them are:

1. Is it illegal for ARod to purchase/destroy his own medical records before they become public or fall into the hands of third parties? Was there a criminal investigation going on at the time he did this? Do the records show anything illegal?

2. Is it a violation of MLB's drug policy for ARod to purchase/destroy his own medical records before they become public? Do the records reveal that ARod violated MLB's drug policy? Would it matter if they did? Could MLB suspend him merely for purchasing the records? It depends what the drug policy says.

If this is true, A-Rod just gave the MLB a huge gift. The MLB was perilously close to losing this one entirely.

I truly don't know, but why would it be illegal for Rodriguez to buy his own patient records (or simply request them) and destroy them?

I understand that few medical outfits would want to surrender originals without making copies (harder to defend against suits that way), but I doubt it is illegal for them to surrender originals to the patient whom they describe.

Further, if A-Rod never saw a licensed medical doctor at the clinic nor had a legitimate prescription, are these records any more HIPAA protected than a drug dealer's?

Though, how would you examine those records to find that out without a subpoena, or without looking illegally. And, wouldn't Rodriguez still be entitled to purchase those records and do whatever he wanted with them?

Not sure why this guy Fisher isn't in trouble for apparently offering medical records to the highest bidder. Losing money on his investment in the clinic -- even if he was cheated -- doesn't allow him to peddle medical records. Not sure he'll have much credibility if his testimony is needed at some point, and he seems like a good candidate to take the 5th in any event.

What did ARod do that was criminal? Has he been charged with any crime in this or any other investigation?
Or does that just not matter in your eyes?

He routinely engages in illegal gambling and drug trafficking, just like his scumbag cousin, just to name a couple of his criminal activities.

And now he's actively trying to disrupt an ongoing investigation and obstruct justice. Baseball ought to immediately disassociate itself from this sociopath and all his friends and associates for good.

The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials.

MLB is thankfully not a government body, so I don't see how this applies in any way.

And now he's actively trying to disrupt an ongoing investigation and obstruct justice.

I agree this looks bad from a PR standpoint, and as a fan I'm entitled to my opinion that his "crime" against baseball is far worse than Mac's or Barry's, and thus am leaning toward "no HOF for you." But from a legal standpoint, I don't see how this is any more obstruction than refusing to testify against yourself.

The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials.

MLB is thankfully not a government body, so I don't see how this applies in any way.

What if a party purposely hides or destroys evidence during the discovery phase of a civil suit? Is that illegal (penalty of incarceration), or merely sanctionable (monetary damages)?